Case Description
In November 2024, a complaint was filed with the Advertising Ethics Commission regarding an advertisement promoting sentimental jewelry made from breast milk. According to the complaint, the advertisement allegedly misled by suggesting therapeutic properties of the product and exploited emotions related to motherhood in an unethical manner. Fearing potential reputational consequences, the client entrusted our law firm with the defense against the allegations.
Complaint Allegations
The complaint alleged violations of the Advertising Ethics Code, including:
- Article 2, Section 1 – lack of social responsibility and compliance with good practices,
- Article 8 – exploiting consumers’ emotions and ignorance,
- Article 10, Section 1, Letter a – misleading by attributing psychological characteristics to the product,
- Article 10, Section 2 – lack of reliable presentation of scientific data used in the advertisement.
According to the complainant, the advertisement could cause young mothers to feel guilty and pressured to purchase the product, which was contrary to the principles of advertising ethics.
Our Actions
Representing the client, we thoroughly analyzed the content of the complaint and the context of the advertisement. In the prepared statement, we pointed out, among other things:
- The nature of the jewelry as a sentimental item – we emphasized that the advertisement refers to mementos related to an important period of life, and its purpose is emotional support, not manipulation.
- The scientific basis of the advertising message – we presented publications confirming the role of memory objects in processing difficult emotions, such as sadness related to the end of breastfeeding.
- The social responsibility of the advertisement – the advertisement not only does not exert pressure but also normalizes the topic of emotions related to motherhood, bringing significant educational value.
Outcome of the Proceedings
The Advertising Ethics Commission found that the client’s advertisement:
- does not violate advertising ethics principles,
- complies with good market practices,
- refers to scientifically confirmed sentimental values of jewelry that support women in processing difficult emotions.
Thanks to the professional defense of our law firm, the complaint was dismissed in its entirety, allowing our client to continue promoting their products without reputational risk.
Summary
Our law firm successfully defended the client’s interests before the Advertising Ethics Commission, proving that the advertisement not only meets the highest ethical standards but also contributes to addressing socially important topics related to motherhood and emotions.
If your company needs legal support in similar matters, write to us.